HomeMy WebLinkAboutMINUTES - 08011995 - D.7 I Y
TO: BOARD OF SUPERVISORS t
Contra
FROM: WARREN E. RUFF, SHERIFF Costa
By: Capt. J.L. Gackwoski, Patrol Div. Cmndr.
DATE: July 26, 1995 County
SUBJECT: Appeal to the Board by Mr. Billy Joe Russell -2498 Fordham St. , San Pablo to
request suspension of the enforcement of Abandoned Vehicle Ord. , 95-2
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1_ RECOMMENDED ACTION:
Authorize the Sheriff to.proceed with enforcement of County Ordinance 95-2
requiring the removal of all inoperable vehicles, or parts thereof, from private
property, located at 2498 Fordham St., San Pablo, CA; APN: 416-063-023. The
Sheriff requests the Board deny the appeal and direct the Sheriff to proceed with
the abatement action as scheduled.
11. BACKGROUND INFORMATION:
The original complaint came from a neighbor, and a site inspection was conducted
on February 22, 1995. Three inoperable vehicles were observed on the parcel.
One vehicle is in the driveway, one on the side of the driveway, and one on the
side of the residence. All vehicles are visible from the street. All the vehicles were
red-tagged at the time of the site inspection. Service was attempted on Mr.
Russell by certified mail but he refused to pick up the notice of abatement action.
On June 20, 1995, at 1700 hrs., Mr. Russell was personally served the Notice of
Intent to Abate Abandoned Vehicles. On June 21, 1995, Mr. Russell requested
an appeal hearing in front of the Zoning Administrator. Photographs of this site
were taken the morning of July 17, 1995.
On July 17, 1995, at 1 :30 p.m., Mr. Russell's appeal was heard before the Zoning
Administrator Harvey Bragdon. Mr. Russell's appeal was denied.
III. SUPPORTING DOCUMENTS:
Copies of all staff reports, memos, letters, photos and copy of Ordinance 95-2.
CONTINUED ON ATTACHMENT: YES. SIGNATURE: `
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ENDA ION OF BOARD COMMITTEE
APPROVE OTHER j
c
SIGNATURE(S)
ACTION OF BOARD ON i9APPROVED AS RECOMMENDED _ � OTHER
VOTE OF SUPERVISORS
'>4"UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED / 9 Si
Phi atchelor,Clerk of the Board of
Supervisors and Counly Administrator
ADDENDUM TO ITEM NO. D.7
AUGUST 1, 1995
The Chair convened the hearing on the appeal of Billy Joe Russell from the
decision of the Zoning Administrator to abate abandoned vehicles at 2498 Forkham
Street, San Pablo area. The Board had received the recommendation and report of
Sheriff Warren E. Rupf on this matter..
All persons desiring to speak were heard. Since Mr. Russell had indicated that
we would be able to remove all the inoperable vehicles including the parts thereof from
the subject propery, there was consensus among Board members to give Mr. Russell
30 days before proceeding with the enforcement of County Ordinance 95-2.
THEREFORE, IT IS BY THE BOARD ORDERED that the appeal of Billy Joe
Russell is DENIED, and that the Sheriff is DIRECTED to proceed with the enforcement
of the abatement action 30 days from the date of this hearing (August 1, 1995).
OFFICE OF THE SI F WARREN E. RUFF
Contra Costa County Sheriff
Field Operations
Gerald T.Mitosinka
Patrol Division Awistant Sheriff
1980 Muir Road
Martinez, CA 94553-0039 Roger I..Davis
(510)313-2500 Assistant Sheriff
Date: July 6, 1995
To: Zoning Administrator, Community Development
From: CaptaiteAbandoned
owski, Patrol Division Commander
By: Al Vehicle Abatement Program
Subject: Vehicle - 2498 Fordham St., San Pablo, CA
APN: ; RVS 95-33
BACKGROUND:
The original complaint came from a neighbor, and a site inspection was conducted on February
22, 1995. Three inoperable vehicles were observed on the parcel. One vehicle is in the driveway,
one on the side of the driveway, and one on the side of residence. All vehicles are visable from
the street. All the vehicles were red-tagged at the time of the site inspection. Service was
attempted on Mr. Russell by cenyW mail but he refused to pick up the notice of abatement
action.
AUTHORITY:"
Section 22660 of the California Vehicle Code allows the County to adopt an ordinance establishing
procedures for the abatement and removal, as possible nuisances, of abandoned, wrecked,
dismantled, and/or inoperative vehicles or parts thereof from private property.
Contra Costa County adopted County Ordinance S&SS establishing local abatement procedures
for the removal of abandoned, wrecked, dismantled, and/or inoperative vehicles or parts thereof
from private property. The ordinance was amended under County Ordinance 9S-2 to make the
Office of the Sheriff the agency responsible for the enforcement of the provisions of the
Abandoned Vehicle Abatement Program.
ACTION TAKEN:
On June 20, 1995,at 1700 hrs,Mr.Russell was personally served the Notice of Intent to Abandoned
Vehicks. On June 21, 199S, Mr. Russell took the notice of abatement action to Senator Petris'
Office requesting assistance in scheduling an appeal hearing. Ron Jackson, Senator Petrts' aide,
contacted our Office and a Learing, in front of the Zoning Administrator, was scheduled. Photos
will be taken of the site prior to Hearing.
RECONUAENDATION:
Advise Mr. Russell that the inoperable vehicles and parts thereof must be removed immediately.
If allegations are made that the vehicles are operable, Mr. Russell needs to demonstrate the
operability to the Sheriff's Office immediately.
Attachments:
Copy of Notice of Intent to Abate Abandoned Vehicles
Vehicle inventory list
Copy of Ordinance 95-2
AS/npw
• Y-',�--�- • LZ
ftdl
.16
so
..
♦ywx
i� -._._•.,�— ---'— '} ry' _ ate-' t t . ..
µ l � ': ^ •
:.q � ` � *+..i ';+Y♦ -' � 7 'J J0� swi - �.ice,�irw ftq. •e
Illax
tw-
w +i L
♦ 1 �. Ad
-410
•�•
I
(Lountg of (Lontra (Costa
(Of fire of the —'peri f f-(f droner
Warren E.Rupf
SMnn-Corow
NOTICE OF INTENT TO ABATE ABANDONED VEHICLES
Billy Joe Russell Date: February 22, 1995
2498 Fordham St. RVS: RVS95-33
San Pablo, CA 94806 ADDRESS: 2498 Fordham St. San Pablo
APN: 416-063-023
Vehicle(s) were observed by this Department, (see attached inventory on property owned by our or
under your control, in an abandoned condition. County Ordinance 95-2 requires the removal, as a
public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicle(s), or parts thereof from
public or private property. Said vehicles(s) are in violation of this Ordinance and must be removed.
The cost will be billed to your. Failure to pay the bill will result in a special assessment to the owner
of the land as shown on the last equalized assessment roll.
HEARING RIGHTS
If you contend that these vehicle(s) are not subject to abatement you are entitled to a hearing. you may
request a hearing by contacting the Contra Costa County Sheriff's Office in writing, stating the reason
for the denial, within 10 days of the postmarked date of this notice. Your presence is not required at
the hearing.
If you do not own the vehicle(s) and they were placed on our property without your consent they will
be removed by the Sheriffs Office at no expense to you.
If you wish to remove the vehicle(s) yourself, contact the Abandoned Vehicle Abatement Program. If
you have questions regarding this letter contact the Abandoned Vehicle Abatement program at(510)313-
2796.
Sincerely
WARREN E. RUFF, Sheriff
o�
Nancy White, Sr. Clerk
ABANDONED VEHICLE ABATEMENT PROGRAM
AS/npw
1980 Muir Road•Martinez,calilomia 94553-4800
(510)313-2500
• • CONTRA COSTA COUNTT
0"ICE OF TSE :SERI:!
1940*Muir Rd.
Martinez# Ch 94533
Data: -
,Referenced vehicle-sherittf:+
Assessor's parcel Number:
1i) Property Description: ` n
Location
Property Desciption -
12) Owners '
Property Owner
Address a
VEHICLE DESCRIPTION
II) Year J'O Make �� Model ColorA.4�*
iC.t1A 423Z V, C-M-20IR Lic, Date:
e istered Chmer•
Address:
Legal Owner:
Buyer:
121 Year 6 7 Make Model Color
LGt e•
Registered e s
]address:
Legal Owner:
Buyer: -
(3) Year Make 7/ " Model /X-oo color-)',e.
ec A Date:
Registered Owner: Gx, u�2�
Address:
Legal Owner:
Buverl
141 Year Make Model Color
Lic.! V.I.N _Lic. Dates
Registered Owner:
Address:
Legalowner:
sager: _>
i
4
41ountV of 4lontra Qlosta
(Of f in of t t A4zrif f
Warren E.Rupf
ShWM
June 22, 1995
Billy Joe Russell
2498 Fordham St.
San Pablo, CA 94806
RE: RVS95-33, Vehicle Abatement, 2498 Fordham St. San Pablo, CA
Dear Mr. Russell:
On June 20, 1995, 1700 hrs., you were personally served with a Notice of Intent to Abate
Abandoned Vehicle. On June 21, 1995, you requested an appeal hearing through Senator Petris'
office staff member Ron Jackson.
We have scheduled an appeal hearing with the County Zoning Administrator for July 17, 1995.
You will also be notified by the Zoning Administrator of the time and date.
If you have any questions regarding this matter, call Nancy White at (510)313-2796.
Sincerely,
WARREN E. RUFF, Sheriff
76 .
Lt. M. Weymouth
Assistant Patrol Division Commander
cc: Ron Jackson, Sen. Petris' Office
' 1080 Muir Road-Martinez,CaMorria 94553-4800
(510)313-2500
y
ORDINANCE NO. 96- 2
!. (Abandoned Vehicle Abatement Ordinance Amendments-
. Administration and Enforcement) .
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text of the enacted or amended provisions of the
County Ordinance Code):
SECTION 1. SUMMARY. This ordinance amends County Ordinance Code Division 430
to designate the Sheriff to administer and enforce the provisions of the Abandoned
Vehicle Ordinance, and to clarify the provisions on entry onto private property.
SECTION 11. Section 430-4.014 is added to the County Ordinance Code, to define the
term "enforcement officer" to read:
430-4.014 Enforcement Officer. "Enforcement Officer"refers to the Sheriff as the
official responsible for administering and enforcing the provisions of this division. (Ord.
95-2§2.)
SECTION 111. Chapter 430-6 of the County Ordinance Code is amended, to designate
the Sheriff as the County official responsible for administering the provisions of Division
430, Abandoned Vehicle Ordinance, and to delete all references to the Director of
Building Inspection, to read:
CHAPTER 430.6
ADMINISTRATION AND ENFORCEMENT
430-6.002 Enforcement Authority. The Sheriff is designated the enforcement
officer for this division.The Sheriff and his regularly salaried full-time employees shall be
responsible for-enforcing and administering this division pursuant to Vehicle Code Section
22663. in the enforcement of this division, such employees and other persons duly
authorized by the Sheriff may enter upon private or public property to examine a vehicle
or parts thereof, obtain information as to the identity of a vehicle and to remove or cause
the removal of an abandoned vehicle. (Ords. 95-_ §3, W58 J3, 77-112.)
430-6.004 Abatemeft The enforcement officer may have abandoned vehicles
abated and/or removed InL accordance with the procedure prescribed In this division.
(Orris. 95-.L.§3. 11"S 13, 77-112.)
430.6.006 Notice of Intention. (a)Notice. The enforcement officer shall mail a ten-
day notice of intention to abate and remove an abandoned vehicle as a public nuisance,
by t+egistered or certified mail, to the owner of the land, anyone known to be in
possession of the land and the owner of the vehicle. unless the vehicle Is In such
condition that identification numbers are not available to determine ownership, or unless
the property.owner and the vehicle owner have signed releases authorizing removal and
waiving further interest in the vehicle or parts thereof.
• (b) Contents. The notice shall contain an estimate of the cost of abatement (including .
administrative and removal costs) and a statement that this cost may be levied as a
special assessment on the landowner's land (parcel). h shall contain a statement of the
possessor, property and vehicle owner's hearing rights and notice to the property owner
that he or she may appear In person at a hearing or may submit a sworn wrttten
statement denying responsibility for the presence of the vehicle on his or her land, with
reasons for such denial, in lieu of appearing. (Ords. 95%L.§3. 66-58 13, 77-112.)
430-6.008 Inoperable non4omble Vehlcies. (a)This chapter's notice of intention
Is not required for removal of a vehicle or part thereof which Is Inoperable due to the
absence of a motor, transmission or wheels and incapable of being towed, and is valued
at less than two hundred dollars by a person specified in Vehicle Code Section 22855;
provided, that the property owner has signed a release authorizing removal and waiving
further Interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code
Section 22662 of such a low valued vehicle or part for which evidence of registration was
recovered,the enforcement officer shall provide notice to the registered and legal owners
of Intent to dispose of the vehicle or part, and If the vehicle or part is not claimed and
removed within twelve days after the notice is mailed from a location specified in Vehicle
Code Section 22662,final disposition may proceed. The County, the enforcement officer
or any contractor thereof shall not be liable for damage caused to a vehicle or part thereof
by removal pursuant to this section.
(b) This section applies only to inoperable vehicles located upon a parcel that is: (1)
zoned for agricultural use: or(2)not improved with a residential structure containing one
or more dwelling units. (Ords. 95-�.Z_§3, 86-58 §3, 84.64 12: Vehicle Code §22661.)
SECTION IV. Chapter 430-8 of the County Ordinance Code is amended to delete all
references to the Director of Building Inspection and to substitute to substitute Chapter
430-8 hearings and appeals.
CHAPTER 4304
HEARINGS AND APPEALS
430-8.002 Hearing Requests. (a) Request. Within ten days after the mailing date
of the notice of intention to abate and remove,the vehicle owner,landowner or possessor
of property may request the zoning administrator for a public hearing on the question of
abatements and removal and the estimated cost thereof.
(b) Discharge. K, within this ten day period, the landowner submits a sworn written
statement denying responsibility for the presence of the vehicle on his land with his
reasons for such denial, said statement shall be construed as a request for a hearing
which does not require his presence.
(c) Notice. The zoning administrator shall immediately notify the enforcement officer of
any such requests or disclaimer. (Ord&. 95-x, 86-58 §3. 77-112.)
4304.004 No Hearing. K no disclaimer or request for hearing is received within
the ten day period,the enforcement officer or any person he or she authorizes shall abate
and remove the vehicle or parts thereof. Thereafter, the costs of abatement shall be
collected pursuant to Chapter 430-12. (Ords. 86-58 §3, 77-112.)
430-8.006 Hearing Notieoe. When a hearing is requested,the zoning administrator
shall mail notice of the hearing at least ten days before the hearing date, to the
enforcement officer,the landowner,any known possessor of the parcel,and to the vehicle
owner unless the vehicle is in such condition that identification numbers are not available
to determine ownership. (Ords. 95-.2..§4, 86-58 13, 77-112.)
430-8.008 Hearings. All hearings under this division shall be held before the
zoning administrator who shall receive all evidence he or she deems material, including
the condition of the vehicle or parts thereof, the circumstances of its abandonment and
location and the estimated cost of the abatement. The zoning administrator shall not be
limited by the technical rules of evidence. The landowner may appear in person or
present a sworn written statement, In time for consideration at the hearing, denying
responsibility for the presence of the vehicle on his or her land with reasons for such
denial. (Ords. 95- .§4, 86-58 §3, 77-112.)
430-8.010 Decisions. (a) The zoning administrator may impose such conditions
and take such other action as he or she deems appropriate under the circumstances to
carry out the purpose of this division. He or she may delay the time for removal of the
vehicle or parts thereof, K in his or her opinion, the circumstances justify h At the
conclusion of the public hearing, the zoning administrator may find that there Is an
abandoned vehicle and order It abated and/or removed as a public nuisance and
disposed of as hereinafter provided and determine the cost of abatement to be charged
against the landowner. The order requiring removal shall include a description of the
abandoned vehicle and the correct Identification number and license number of the
vehicle K available.
(b) K It is determined at the hearing that the vehicle was placed on the land without the
consent of the landowner and that he or she has not subsequently acquiesced In Its
presence,the zoning administrator shall not assess the cost of abatement(administration
and removal)against the property upon which the vehicle Is located or otherwise attempt
to collect such costs from such landowner. (Ords. 95-x, 86-58 §3, 77-112.)
430-8.012 Notloe of Decision. K an Interested party makes a written presentation
to the zoning administrator but does not appear, he or she shall be notified In writing of
the decision. (Orris. 95-?..§4, 86-58 §3, 77-112.)
430.8.014 Appeals. (a) The enforcement officer, the landowner, any known
possessor of the parcel or the vehicle owner may appeal the zoning administrator's
decision by filing a written notice of appeal within ten calendar days after his or her
decision.The zoning administrator shall promptly transmit the proceedings to the Board
•of Supervisors.
(b) The Board's clerk shall promptly give written notice of the time and place of the
hearing to the appellant and those persons specified In Section 430-6.006(x).
(c) The Board shall promptly hear such appeal, and may affirm, amend, or reverse the
order, or take other action it deems appropriate. It shall not be limited by the technical
rules of evidence. (Ords. 95•x§4, 86-58 §3, 77-112.)
SECTION V. Section 430-10.004 of the County Ordinance Code is amended to delete
the reference to the "Director of Building Inspection" and to substitute "enforcement
officer," to read:
430-10.004 Notify D.M.V. Within five days after removal of an abandoned vehicle,
the enforcement officer shall so notify the Department of Motor Vehicles, identifying the
vehicle or parts, and send it any evidence of registration available including registration
certificates, certificates of title and license plates. (Ords. 95-=§5, 86-58 §3, 77-112:
Vehicle Code §22661).
SECTION VI. Section 430-10.006 of the County Ordinance Code is amended to delete
the reference to the "Director of Building Inspection" and to substitute "enforcement
officer", to read:
430-10.006 Cost Record. The enforcement officer shall prepare an Itemized
written account of his or her expenses incurred to abate the nuisance where it Is
proposed to collect costs pursuant to Chapter 430-12. Until such report is completed, no
abatement costs (including administration)will be placed as a special assessment against
the parcel of land. (Ords. 95-=§7, 86-58 §3, 77-112.)
SECTION VII. Section 430-12.004 of the County Ordinance Code is amended to delete
the reference-to the "Director of Building Inspection" to "enforcement officer,"to read:
430-12.004 Notice of Assessment. The enforcement officer shall record at.the
office of the county recorder and deliver to the auditor-controller,a certificate substantially
in the following form:
"NOTICE OF ASSESSMENT AND ABATEMENT LIEN"
(Abandoned Vehicle Abatement Cost)
Pursuant to Vehicle Code §22660, Government Code 125845, and Ordi-
nance Code §430-12.002, Contra Costa County abated an abandoned
vehicle nuisance on the parcel of real property described below, of which
the named person(s) Is the owner on the last equalized assessment •
roil and fixed the below-shown amount as the cost thereof and hereby, •
claims a special assessment against said parcel for this amount.
1. RECORD OWNER(S)........... ............................
z LAST KNOWN ADDRESS:...........................................
2. POSSESSOR(S) (if different from owner):..........»..........
LAST KNOWN ADDRESS:...........................................
3. DATE ABATEMENT ORDERED:.....N..N..N..................M....
d. DATE ABATEMENT COMPLETED%....................................
5. PARCEL: Real property In Contra Costa County, Califomia:County,
Assessor's parcel #...........[Other description where needed):
6. AMOUNT OF ABATEMENT
(ASSESSMENT) COST:$...........................................
Dated:--
Contra.-Costa County
By:....""00"""
y:................
Enforcement Officer"
(Ords. 95-.L.17, 88-88 112, 85-58 13. 77-112). ..
SECTION Vlll.EFFECTIVE DATE.This ordinance becomes effective thirty(30)days after
passage, and within fifteen (15) days after passage shall be published once with the
names of the Supervisors voting for and against It in a newspaper published in this
County.
PASSED on January 10, 1995 , by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ASSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR,
Clerk of the Board of Supervisors and County Administrator
9 YY I A, go,
Deputy Chairpe son of the Board
NOTICE OF A
PUB IC H ARIN.G
You are hereby notified that on MONDAY. July 17. 1995 at 1:30 p.m. in Room 107,
McBrien Administration Building, 651 Pine Street, Martinez, California, the County
Zoning Administrator will consider an appeal described as follows:
An appeal of a Proposal to Abate Abandoned Vehicles at #2498 Fordham Street in the
San Pablo Area. (APN 416-063-023)(RVS 95-33)(Owner: Billy Joe Russell)
A) 1980 Ford Pick-up, whi/brn, License #IW42232; VIN #F15FRGJ2018
B) 1967 Pontiac Catalina, brown, License #623LUZ
C) Unknown year, Volvo, Model 1800, tan, License #123LUN
For purposes of compliance with the provisions of the California Environmental Quality
Act (CEQA), this project is categorically exempt.
If you challenge the project in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the County at, or prior to, the public hearing.
For further details, contact AL SNELL of the Contra Costa County Sheriff-Coroner Office at
(510) 313-2796 or the Community Development Department, 651 Pine Street, Martinez,
California.
Harvey E. Bragdon, Director
Contra Costa County
Community Development Department
CONTRA COSTA COUNTY V
Clerk of the Board
Inter-Office Memo
TO: Zoning Administrator i fflE
Community Development Department JI JUL 19 1995 i ►f
DATE_ : July 19, 1995
A.
FROM: Ann Cervelli, Deputy Clerk (X/
Clerk of the Board of Supervisors
SUBJECT: Abandoned Vehicle Abatement Appeal
On July 17, 1995, Mr. Billy Joe Russell requested an appeal
from the decision of the Zoning Administrator on the proposed
abatement of abandoned vehicles.
Mr. Russell' s appeal has been scheduled for August 1, 1995
at 2 : 00 P.M. If Mr. Russell's appeal is not timely or there is
any other reason the appeal should not be heard by the Board of
Supervisors, please notify me immediately.
If the appeal is timely and should be heard by the Board of
Supervisors on August 1, 1995 at 2 : 00 P.M. , please advise this
office in writing by July 20, 1995, and provide .a list of people
to be notified along with their addresses . Material to be
considered by the Board on August 1, 1995, should be provided to
this office by July 26, 1995.
Thank you.
ac
cc: County Counsel-D. Silver
Sheriff-Coroner-Abandoned Vehicle
Abatement Office-Nancy
County Administrator-John Gregory
Sheriff-Coroner-Warren Rupf